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Quash Mohammad @ Nate v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23898 of 2006 [2006] RD-AH 20402 (1 December 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble R.K.Rastogi,J.

Applicant, Quash Mohammad  alias Nate has applied for  bail in this case crime no. 80 of 2006 under section 302/34 I.P.C. of police station Barsathi district Jaunpur  (giving rise to Sessions Trial no. 205/2006).

This is second bail application of the applicant. His  first bail application no. 12344 of 2006 was rejected by me on merits vide order dated 23.6.2006.

I have heard learned counsel for the applicant and  the learned A.G.A. for the State.

The only new ground  taken in this  second bail application  is that F.I.R. of the case was lodged  against three accused  persons, namely, Rajjab, Waris and Quash Mohammad alias Nate ( present applicant ). Allegation against all of them was that  on hearing the cries of the deceased complainant and two other persons reached the spot having torches in their hands and saw the above named accused persons running  from the spot having arms in their hands.

Co-accused, Rajjab of this case has been granted bail by Hon'ble Vinod Prasad J. vide  order dated  21.8.2006 passed in Crl. Misc. Bail Application no. 10114 of 2006  and thereafter co-accused, Waris has also been granted bail vide order dated 9.10.2006 passed  in Crl. Misc. Bail Application no. 21599 of 2006 on the ground of parity. It was contended by the learned counsel for the applicant that case of the present applicant is also similar to  that of the co-accused  persons and so on the ground of parity he should also be granted bail. This fact that case of the prosecution is similar against all the accused persons  was not disputed by the prosecution.

Under these circumstances, I am of the  view that the applicant  deserves  bail on the ground of parity.

Let the applicant, Quash Mohammad alias Nate  be released on bail on his executing a personal bond and  furnishing two sureties  each in the like amount to the satisfaction of the  court concerned.


RPP/II Bail Appl.23898/06


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